Will I Have to Pay Maintenance or Alimony to My Spouse in a Divorce in Illinois?

Maintenance, also known as alimony or spousal support, is a court-ordered payment made by one spouse to the other after a divorce or legal separation. In Illinois, maintenance is governed by state law and is designed to help the spouse with lower income maintain their standard of living and transition to a new financial situation. In this blog, we will explore the maintenance laws in Illinois.

Eligibility for Maintenance In Illinois, either spouse may be eligible for maintenance, but only if they lack sufficient property to provide for their own reasonable needs or are unable to support themselves through appropriate employment. The court will consider various factors, including the length of the marriage, the standard of living established during the marriage, the income and assets of each spouse, and the present and future earning capacity of each spouse.

Types of Maintenance There are two types of maintenance in Illinois: temporary and permanent. Temporary maintenance is awarded during the divorce proceedings to provide support to the lower-earning spouse until a final judgment is entered. Permanent maintenance is awarded after the divorce is finalized and may be awarded for a set period of time or indefinitely.

Calculating Maintenance Unlike child support, there is no set formula for calculating maintenance in Illinois. Instead, the court will consider a variety of factors when determining the amount and duration of maintenance, including:

• The income and property of each spouse, including any marital property that was divided during the divorce

• The needs of each spouse, including their age, health, and employability

• The standard of living established during the marriage

• The length of the marriage

• Any agreements made between the spouses regarding maintenance

• Any other factor that the court deems relevant

Duration of Maintenance The duration of maintenance in Illinois is determined based on the length of the marriage. For marriages lasting less than five years, maintenance will generally be awarded for a period of time equal to 20% of the length of the marriage. For marriages lasting between five and 10 years, maintenance will generally be awarded for a period of time equal to 40% of the length of the marriage. For marriages lasting between 10 and 20 years, maintenance will generally be awarded for a period of time equal to 60% of the length of the marriage. For marriages lasting 20 or more years, the court may award maintenance for an indefinite period of time.

Termination of Maintenance Maintenance will terminate when the recipient spouse remarries or dies. Maintenance may also be terminated if the court finds that the recipient spouse has become self-supporting or if there has been a substantial change in circumstances, such as a significant increase in the income of the recipient spouse.

Modifying Maintenance Either spouse may petition the court to modify or terminate a maintenance award if there has been a substantial change in circumstances since the award was entered. For example, if the recipient spouse becomes employed at a higher salary or the paying spouse loses their job, the court may modify the maintenance award accordingly.

Tax Consequences of Maintenance Prior to 2019, maintenance payments were tax-deductible for the paying spouse and taxable as income for the recipient spouse. However, the Tax Cuts and Jobs Act (TCJA) changed the tax treatment of maintenance payments for divorces finalized after December 31, 2018. Under the new law, maintenance payments are no longer tax-deductible for the paying spouse and are no longer taxable as income for the recipient spouse.

Enforcement of Maintenance If a spouse fails to pay court-ordered maintenance, the recipient spouse may seek enforcement through the court. The court may order wage garnishment, bank account seizure, or other enforcement measures to ensure compliance with the order.

In conclusion, maintenance laws in Illinois are designed to provide support to the lower-earning spouse after a divorce or legal separation.